UN Report Hits U.S. Racism

UNITED NATIONS, Mar 11 (IPS) – The United States government is drawingfire from international legal experts for its treatment of AmericanIndians, Blacks, Latinos and other racial minorities.

The U.S. is failing to meet international standards on racial equality,according to the U.N. Committee on the Elimination of RacialDiscrimination (CERD) based in Geneva, Switzerland.

Last Friday, after considering the U.S. government’s written and oraltestimony, the 18- member committee said it has found “stark racialdisparities” in the U.S. institutions, including its criminal justicesystem.

The CERD is responsible for monitoring global compliance with the 1969Convention on the Elimination of Racial Discrimination, aninternational treaty that has been ratified by the United States.

In concluding the CERD report on the U.S. record, the panel of expertscalled for the George W. Bush administration to take effective actionsto end racist practices against minorities in the areas of criminaljustice, housing, healthcare and education.

This is the second time in less than two years that the U.S. governmenthas been found to be falling short of its treaty obligations. In March2006, The CERD had harshly criticised the U.S. for violating NativeAmericans’ land rights.

Taking note of racial discrimination against indigenous communities,the Committee said it wants the U.S. to provide information about whatit has done to promote the culture and traditions of American Indian,Alaska Native and indigenous Hawaiian peoples. It also urged the U.S.to apply the U.N. Declaration on the Rights of Indigenous Peoples.

The Committee recommended to the U.S. that it consult with indigenousrepresentatives, “chosen in accordance with their own procedures — toensure that activities carried out in areas of spiritual and culturalsignificance do not have a negative impact on the enjoyment of theirrights under the Convention”.

In its 13-page ruling, the U.N. body also raised serious questionsabout the death penalty and in the sentencing of minors to life withoutparole, which it linked to racial disparities between whites andblacks.

In their testimony, Bush administration officials held that the treatyobligations do not apply to laws or practices that are race-neutral ontheir face but discriminatory in effect. The Committee outrightrejected that claim, noting that the treaty prohibits racialdiscrimination in all forms, including practices and legislation thatmay not be discriminatory in purpose, but in effect.

The CERD panel also objected to the indefinite detention ofnon-citizens at Guantanamo prison and urged the U.S. to guarantee“enemy combatants” judicial review.

The panel said the U.S. needs to implement training programmes for lawenforcement officials, teachers and social workers in order to raisetheir awareness about the treaty and the obligations the U.S. isrequired to uphold as a signatory.

Human rights defenders who watched the CERD proceeding closely saidthey were pleased with its observations and recommendations.

“The U.N. is telling the U.S. that it needs to deal with an ugly aspectof its criminal justice system,” said Alison Parker of Human RightsWatch, which has been monitoring discriminatory practices in the UnitedStates for years.

In a statement, Parker hailed the U.N. panel for rejecting the U.S.government’s claim that more black children get life without parolebecause they commit more crimes and held that the U.N. criticism of thejustice system was fair.

“Once again, the Bush administration has been told by a major humanrights body that it is not above the law,” said Parker in of theindefinite detention of terrorism suspects at Guantanamo prison.

Other rights activists also held similar views about the outcome of theCERD hearings in Geneva.

“[It has] exposed to the world the extent to which racialdiscrimination has been normalised and effectively made permissible inmany areas of American life,” said Ajamu Baraka of the Human RightsNetwork, an umbrella group representing more than 250 rights advocacyorganisations.

As part of its recommendations, the Committee has asked the U.S.government to consider the establishment of an independent human rightsbody that could help eliminate widespread racial disparities.

Lenny Foster, Dine (Navajo) and representative of the Native AmericaPrisoners Rights Coalition, was a member of the indigenous delegationto the CERD. He observed during the examination that the United Stateswas “in denial”.

“Spiritual wellness and spiritual healing is paramount to the verysurvival of the indigenous nations,” he said. “There are efforts toprohibit and impede the spiritual access. Corporations cannot beallowed to prohibit access and to destroy and pollute and desecrate thesacred lands.”

Bill Larsen of the Western Shoshone Defence Project delegation alsotestified before the Committee, making a strong case concerningenvironmental racism and the deadly pollution caused by mining on theirancestral lands.

In March 2006, the Western Shoshone leaders had received a favourableresponse from the Committee to its complaint about the U.S.exploitation of their sacred lands. The U.S. is obligated “to freeze,desist and stop further harmful activities on their lands”, but failedto take any action.

Indigenous leaders said they welcomed the Committee’s decision to askthe U.S. to submit its report on compliance within one.year.

“It is important that all Native Peoples within the U.S. know that theyhave rights that are recognized by international law even if the UnitedStates refuses to recognise them or act upon them,” said AlbertoSaldamando, one of the indigenous delegates attending the Genevameeting.

“Now it is not just us,” he continued, “but the international communitythat has recognised that indigenous peoples within the United Statesare subject to racism on many levels and has called for effective stepsby the U.S. to remedy this situation.”